Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844Various
History
Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
Various
England -- Periodicals; Scotland -- Periodicals
We heard a considerable portion of the argument; and listened to _this_
part of it with a comfortable consciousness that we beheld, in each
counsel arguing it, as it were, a viper gnawing a file! If _this_ be
law, thought we, then have many thousands of injured gentlemen been, in
all human probability, unjustly hanged, and transported for life or for
years, been fined, imprisoned, sent to the tread-mill, and publicly
whipped; for Heaven only knows how many of the counts in the indictments
against--say Mr Fauntleroy; Messrs Thistlewood, Brunt, Tidd, and Ings;
Messrs Greenacre, Courvoisier, and many others--have been defective in
law! How many hundreds are now luxuriating in Norfolk Island who have,
on this supposition, no just right to be there; and who, had they been
but _popular_ miscreants, might have collected sufficient funds from
their friends and admirers to enable them to prove this--to try a fall
with justice and show her weakness; to overhaul the proceedings against
them, detect the latent flaws therein, return in triumph to the bosom of
their families and friends, and exhibit new and greater feats of
dexterity in their art and mystery! Why should not that "_innocent_"
convict--now passing over the seas--Mr Barber, on hearing of this
decision, soon after his arrival at the distant paradise to which he is
bound, take new heart and remit instructions by the next homeward bound
ship for a writ of error, in order that he may have _his_ chance of
detecting a flaw in one of the many counts of _his_ indictment?
But, to be serious again, how stands the case in the present instance?
Of eleven counts, six must be in legal contemplation expunged from the
record: FOUR, (the first, second, third, and fourth,) because, though in
themselves sufficient in law, the findings upon them were technically
defective; and TWO, (the sixth and seventh,) because they were
technically defective in point of law, though the findings on them were
unobjectionable.
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